
[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Notices]
[Pages 24738-24739]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09954]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2013-0276; FRL-9385-2]


Ethylene Oxide; Receipt of Application for Emergency Exemption, 
Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a quarantine exemption request from the 
United States Department of Agriculture (USDA) Animal and Plant Health 
Inspection Service (APHIS) to use the pesticide ethylene oxide (CAS No. 
75-21-8) to sterilize the interior surfaces of enclosed animal isolator 
units to control microorganisms. The applicant proposes a use of a 
pesticide which contains an active ingredient which is or has been the 
subject of a Special Review, and which could pose a risk similar to the 
risk which is or has been the subject of the Special Review. EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption.

DATES: Comments must be received on or before May 13, 2013.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2013-0276, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the online instructions for submitting comments. Do not submit 
electronically any information you consider to be Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute.
     Mail: OPP Docket, Environmental Protection Agency Docket 
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC 
20460-0001.
     Hand Delivery: To make special arrangements for hand 
delivery or delivery of boxed information, please follow the 
instructions at http://www.epa.gov/dockets/contacts.htm.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Keri Grinstead, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone 
number: (703) 308-8373; fax number: (703) 605-0781; email address: 
grinstead.keri@epa.gov.

SUPPLEMENTARY INFORMATION: 

I. General Information

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
The following list of North American Industrial Classification System 
(NAICS) codes is not intended to be exhaustive, but rather provides a 
guide to help readers determine whether this document applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).

B. What should I consider as I prepare my comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
www.regulations.gov or email. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.
    3. Environmental justice. EPA seeks to achieve environmental 
justice, the fair treatment and meaningful involvement of any group, 
including minority and/or low income populations, in the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. To help address potential environmental justice issues, the 
Agency seeks information on any groups or segments of the population 
who, as a result of their location, cultural practices, or other 
factors, may have atypical or disproportionately high and adverse human 
health impacts or environmental effects from exposure to the 
pesticide(s) discussed in this document, compared to the general 
population.

II. What action is the Agency taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the EPA 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the EPA Administrator determines that emergency 
conditions exist which require the exemption. USDA APHIS has requested 
the EPA Administrator to issue a quarantine exemption for the use of 
ethylene oxide to sterilize interior

[[Page 24739]]

surfaces of enclosed animal isolator units used at USDA National 
Veterinary Services Laboratories (NVSL) and the National Animal Disease 
Center (NADC) in Ames, IA. Information in accordance with 40 CFR part 
166 was submitted as part of this request.
    As part of this request, the applicant asserts that without the 
ability to sterilize animal isolators, NVSL and NADC would not be able 
to conduct studies of national importance. NVSL and NADC provide 
diagnosis for animal diseases and diagnostic support for disease 
control and eradication. Ethylene oxide is an effective sterilizer, yet 
is non-corrosive on delicate instruments and electrical equipment.
    The applicant proposes that enclosed animal isolator units used at 
USDA NVSL and NADC in Ames, IA will be sterilized 5 to 7 times over the 
3-year term of the exemption. Six pounds of product (8.6% ethylene 
oxide) will be applied to each unit for each sterilization.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing FIFRA section 18 require 
publication of a notice of receipt of an application for a quarantine 
exemption proposing use of a pesticide which contains an active 
ingredient which is or has been the subject of a Special Review, and 
which could pose a risk similar to the risk which is or has been the 
subject of the Special Review. The notice provides an opportunity for 
public comment on the application. The Agency will review and consider 
all comments received during the comment period in determining whether 
to issue the quarantine exemption requested by the USDA APHIS.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: April 19, 2013.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office of Pesticide Programs.
[FR Doc. 2013-09954 Filed 4-25-13; 8:45 am]
BILLING CODE 6560-50-P


